A Nebraska fireworks company is seeking an injunction to stop four central Iowa cities from enforcing restrictions on fireworks sales.

Bellino Fireworks Inc., based in Papillion, Neb., filed a complaint Friday against Ankeny, Johnston, Pleasant Hill and Boone in U.S. District Court. It is asking the court for a permanent injunction and to award damages to the company.

This is the second complaint filed by an out-of-state fireworks company in Iowa since the state legalized fireworks in May.

Former Gov. Terry Branstad signed legislation May 9 that makes it legal for Iowans to buy, use and sell fireworks each year from June 1 through July 8 and again from Dec. 10 through Jan. 3.

Local governments can opt out or limit the use — but not the sale — of fireworks.

The law states: "A city shall not adopt an ordinance, motion, resolution, or amendment that sets standards or requirements regarding the sale or marketing of consumer merchandise that are different from, or in addition to, any requirement established by state law."

However, since May dozens of Iowa cities have passed ordinances restricting where fireworks can be sold and establishing requirements for the companies selling them. The local reaction to the state law has created a hodge podge of regulations across the state.

According to the complaint, Bellino Fireworks has obtained retail licenses from the State of Iowa Fire Marshal and signed lease agreements to sell fireworks from temporary structures at six locations in Ankeny, Boone, Johnston and Pleasant Hill.

Bellino claims that it "has suffered, and continues to suffer, monetary and non-monetary damages — including irreparable harm that can only be redressed by emergency relief."

The company estimates net losses would exceed $280,000 for the 2017 summer season if it is not allowed to open the six locations.

Bellino Fireworks Inc. did not immediately respond to an interview request for this story.

Three of the company's proposed locations are in Ankeny, but on June 5 the city approved an ordinance restricting fireworks sales to heavy industrial areas. None of the company's locations fall within areas permitted by the city.

The city of Ankeny declined to comment citing pending litigation.

CLOSE

The Iowa Legislature voted to legalize fireworks, but some Des Moines metro cities may opt out. Gov. Branstad has until May 22 to sign the bill into law.
Kim Norvell/Des Moines Register

Boone and Pleasant Hill, according to the complaint, have restrictions on temporary structures, which the company planned to open in those cities. Furthermore, Pleasant Hill requires companies to obtain a special use permit and requires insurance in excess of what is required by state law, Bellino's complaint states.

The company planned to open another temporary location at 6005 Merle Hay Road in Johnston.

Johnston City Administrator Jim Sanders said the complaint cites the city's former ordinance, which banned fireworks sales. However, on Monday, the city approved a new ordinance that would allow fireworks sales in commercial areas, including Merle Hay Road.

Temporary structures are allowed in most parking lots, Sanders said, but companies would be required to go through a permit process.

Sanders said Bellino requested the paperwork to set up a temporary structure in town several weeks ago but never turned it in.

"I have no idea what happens now that we’ve approved an ordinance that does allow the sale of fireworks in Johnston," he said.